Legal Question in Criminal Law in California
I live in California. I was pulled over and found out I had a warrant for petty theft charge 484a. The charge was dated 12/20/10, the officers didnt take me in but told be to take care of the warrant. My guestion is should I go down to the court to see what the case is about and risk being arrested or should I just get a defense attorney before I find out what the case is. I havent been arrested for shoplifting and have no idea what the case is about
3 Answers from Attorneys
You don't have to be arrested in order to have a warrant issued for your arrest. Even though you don't know what this is about, there apparently is a warrant for you. Is it your case? Is it a mistake? Similar name, but not you? I have no idea and neither do you. It's time for a lawyer to sort this out. If its not you, there are things your attorney can do to clear your name and avoid an arrest in this case in the future. If it is you, there may be a motion to dismiss since it's so old. And if it is you and it can't be dismissed, you'll need a lawyer anyway.
To properly handle warrants, you must turn yourself into the issuing court, with or without an attorney, and try to negotiate a recall of the warrant[s]. If you can show this is a mistake and not your case, the warrant and case would be dismissed against you. If this IS your case, then you'll try to plea bargain on the new �Failure to Appear� charge. You�ll try to negotiate bail reduction or OR release. You�ll try to negotiate a plea bargain or take to trial the outstanding charges that caused the warrant. Turning yourself in voluntarily will result in a better outcome than being brought in cuffs to court after arrest on the warrant. Unless you're competent to effectively represent yourself in court against a professional prosecutor trying to put you in jail, most people hire an attorney who can.
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
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